combining non-W2 monies...

[Peter Ott]

Jurisdiction

New Hampshire

I recently bought a B&B under a new LLC with my wife. In addition to also having a full-time (W2) job, I do some gig work for which I receive a 1099. The gig work has nothing to do with the B&B. Can I have my gig boss make out checks to the LLC rather than to me personally?

 

[adjusterjack]

Can I have my gig boss make out checks to the LLC rather than to me personally?

You risk eliminating the protection that the LLC provides. It's called "piercing the LLC veil" and allows a plaintiff to hold the LLC owner responsible along with the LLC.

Read the following article carefully.

Piercing the LLC Veil | R J Mintz

Consider a separate LLC for your gig work.

 

[Tax Counsel]

I recently bought a B&B under a new LLC with my wife. In addition to also having a full-time (W2) job, I do some gig work for which I receive a 1099. The gig work has nothing to do with the B&B. Can I have my gig boss make out checks to the LLC rather than to me personally?

You could ask the gig employer to make the checks out to the LLC if the gig business is part of the LLC. It doesn't sound like you've yet transferred that business to the LLC, and if you want to preserve the LLC protection you'd want to do a proper transfer of the business to the LLC. That presents some potential problems, like exposing the B&B to direct liability for the debts of the gig work (which could make it easier for a creditor of the gig work to go after the property the B&B holds), and making your wife part owner of the profits of the gig work. Ask a local business attorney for the best way to do this. In the states I'm familiar with I'd usually advise a separate LLC for the gig work, but the specific facts, what your goals are, and state law all matter.